Law & Technology

Coping with COVID: Continuity and Change in the Courts

by Sherri Carter, Karen Caldwell, Mark Drummond, Robin L. Rosenberg, Sam Thumma, Vaughn Walker and David F. Levi

Summer 2020 | Volume 104 Number 2

By now, our courts, state and federal, have adapted much of their work to digital platforms. But some procedures or litigation events do not easily or obviously translate to the Continue Reading »

What makes people do what they do?

What Makes People Do What They Do?

by David F. Levi and Dan Ariely

Spring 2020 | Volume 104 Number 1

In conversation with Bolch Judicial Institute Director David F. Levi, Dan Ariely offers a behavioral scientist’s take on motivation, incentives, and sanctions in legal settings. As a teenager, Dan Ariely Continue Reading »

Judging Eyewitness Evidence

by Brandon Garrett

Spring 2020 | Volume 104 Number 1

Eyewitness evidence, in which a witness visually identifies the culprit, is a staple of criminal investigations. But its fallibility is notorious. As the National Academy of Sciences explained in an Continue Reading »

A Clearer View: The Impact of the National Academy of Sciences Report on Eyewitness Identification

by Thomas D. Albright and Jed S. Rakoff

Spring 2020 | Volume 104 Number 1

Six years ago, the U.S. National Academy of Sciences (NAS) convened a panel of experts to consider the problem of eyewitness identification. Eyewitnesses have long played a significant role in Continue Reading »

Assessing Risk: The Use of Risk Assessment in Sentencing

by Brandon Garrett and John Monahan

Summer 2019 | Volume 103 Number 2

Judges are using risk assessment instruments in criminal cases more than ever before. Their role is increasingly prominent at all stages of the criminal justice system, including policing, pretrial detention, Continue Reading »

Distracted Driving

The Cars of the Future are Headed to Your Courtroom

by The National Center for State Courts

Fall 2019 | Volume 103 Number 3

Distracted and intoxicated driving are costly problems. And while emerging technologies aim to help reduce traffic accidents caused by human error, technology may also increase the number of accidents. For Continue Reading »

Finding Humanity in the Great Power Competition for artificial intelligence

by J. Zhanna Malekos Smith

Fall 2019 | Volume 103 Number 3

I recently spoke on artificial intelligence, law, and ethics as a panelist at the International Conference on Unmanned Aircraft Systems in Atlanta. At the end of our discussion, the moderator Continue Reading »

The Public Domain: A Grand Reopening

by Jennifer Jenkins

Spring 2019 | Volume 103 Number 1

In 2019, for the first time in 20 years, a trove of creative works published in 1923 entered the U.S. public domain. Why the hiatus? These works were set to Continue Reading »

Protecting Electronic Privacy

by Erwin Chemerinsky

Spring 2019 | Volume 103 Number 1

Carpenter v. United States, decided by the Supreme Court in June 2018, is one of the most important decisions applying the Fourth Amendment to the technology of the 21st century.[1] Continue Reading »

10 Things Judges Should Know About AI

by Jeff Ward

Spring 2019 | Volume 103 Number 1

With recent and dramatic advances in the capacities of machine learning, we are now beginning to see artificial intelligence (AI) tools come into their own. This matters for our judiciary, not Continue Reading »